Copyright Infringement Complaints

Summary of the Process

The notification process outlined here is consistent with the process suggested by the Digital Millennium Copyright Act, commonly known as the “DMCA” (the text of which can be found at the U.S. Copyright Office Web Site).

If anyone believes that material on a Certinia-hosted website infringes their copyright, that person may send us a written notice as described below. We will attempt to remove or disable the allegedly infringing material, and notify the person who posted the allegedly infringing material. That person then has the right to request that the material be re-enabled. If they properly make a re-enablement request, we will re-enable the material unless and until the two parties jointly ask us to remove it or a court orders us to remove it.

As with all legal matters, it is always best to consult with a professional about your specific questions or situation. We strongly encourage you to do so before taking any action that might impact your rights. This policy is not legal advice and should not be taken as such.

DMCA Notice of Copyright Infringement

If someone else is using your copyrighted content in an unauthorized manner on a Certinia-hosted website, you may request to have the infringing content removed by sending us a written DMCA Notice of Copyright Infringement.

Keep in mind

Copyright Owners Only. Only copyright owners or their authorized agents can report a suspected infringement to us. If you believe that any content on a website infringes another party’s copyright, and you are not the copyright owner’s authorized agent, you should advise the copyright owner directly.
Investigate. A copyright owner should conduct an initial investigation to confirm that they own a copyright and that the content on the Certinia-hosted website is infringing.
Confirm Facts. DMCA Notices of Copyright Infringement are made under penalty of perjury. You may be liable for costs and damages if you materially misrepresent that content infringes a copyright. If in doubt, you should consult an attorney.
Consider Asking First. If you believe your copyrights are being infringed, we encourage you to first contact the person who posted the material directly. This is not required, but it allows you to skip the formal DMCA process and reach a direct resolution.
You may receive a Counter-Notice. Any person affected by your takedown notice may decide to submit a Copyright Infringement Counter-Notice. If they do, Certinia may re-enable their content unless you have initiated a timely legal action to restrain such person from engaging in infringing activity.

Build your notice

We need your help finding and removing infringing content. You must provide the following details in your notice:

Your contact information. Include your name, mailing address, telephone number and email address.
Sufficient and specific detail about the copyrighted work. The specificity will depend on the nature of the work. If you have published your work, you can provide a link to the publication. If you have registered it with the Copyright Office, you should include the registration number.
Identify the infringing material and include a URL. Identify the material that you claim is infringing the copyrighted work. Include the URL to, or describe the specific location of the material. The detail must be reasonably sufficient to allow us locate the material.
Explain the remedy, if relevant. Is there anything the person who posted the allegedly infringing copyrighted work can do to remedy their alleged infringement, other than remove the infringing material? (Some possible actions may include providing a statement of attribution or removing only a portion of the content.)
Confirm good-faith belief and accuracy of your statements. Include the following statement in your notice: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner or its agent, and is infringing under the copyright laws of the United States. I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner of an exclusive right that is allegedly infringed, or am authorized to act on behalf of the owner.“
Signature. Signature of the owner of the copyright or a person authorized to act on the owner’s behalf.

When we receive a notice

After Certinia receives a proper written notice, we will remove or disable the allegedly infringing content, document the alleged infringement and notify the person who posted the content of our actions. Please note that a copy of this legal notice may be sent to a third-party that may publish and/or annotate it (with your personal information removed) as well as to the person who posted the allegedly infringing content. We may exclude egregious or repeat infringers from our websites and terminate their Certinia services.

Copyright Infringement Counter-Notice & restoration of the removed content

If you are a user of our websites who believes that your content was removed or disabled by mistake or misidentification, you can send us a written Copyright Infringement Counter-Notice, which must include the following:

Your contact information. Include your name, mailing address, telephone number and email address.
Description and prior location of the removed material. The description must be reasonably sufficient to allow us locate the exact removed material, and include the URL where possible.
Confirm good-faith belief and accuracy of your statements. Include the following statement in your notice: “I, the undersigned, hereby declare under penalty of perjury that I have a good faith belief that the material described or referred to above is not infringing and was wrongly or erroneously removed or disabled by Certinia, or that the specific material identified by the complainant has been removed or disabled by me or a third party at the URL identified and will no longer be shown. I have truthfully stated above the reasons why I believe the material described or referred to above does not infringe as claimed in the notice of copyright infringement.“
Confirm your consent to an appropriate jurisdiction for disputes. Include the following statement in the notice: “I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located, or if my address is outside of the United States, for the Federal District Court located in San Francisco, California. I will accept service of process from the complaining copyright holder or his or her agent.“
Signature. Signature of the owner of the copyright or a person authorized to act on the owner’s behalf.

When we receive a counter-notice

After Certinia receives a proper written counter-notice, we will restore the removed or disabled content following 10 business days from the date of its receipt, unless we or our copyright agent first receive notice that a court action has been filed to restrain the person providing the counter-notice from engaging in infringing activity related to the removed or disabled content.

Where to send your notices

Your notices can be sent to our copyright agent at:

Certinia Inc.
301 Congress Avenue, Suite 800
Austin, TX 78701
[email protected]
Attn: Legal Department, DMCA Notices

Optional notice templates

Please feel free to use one of our templates below when submitting a notice: